Law

Medical Act 1983

United Kingdom · statute

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In force since 2025-01-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 1967d217aba286b01cc41b43f425f42fb30930cd60b479bdd3de3ba19c3ba9da

Contents: 133 provisions

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133 provisions

28 The Review Board for Overseas Qualified Practitioners.

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29 Functions of the Review Board.

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29A Regulations as to licence to practise and revalidation

(1) Any reference in this Act to a “licence to practise” is a reference to a licence granted under and in accordance with this Part to a medical practitioner by a licensing authority. (2) The General Council shall make regulations with respect to licences to practise. (3) The provisions made by regulations under subsection (2) above must include provision for or in connection with each of the matters specified in subsection (4) below. (4) Those matters are— (a) grant of a licence to practise; (b) refusal of a licence to practise; (c) withdrawal of a licence to practise; and (d) revalidation of a medical practitioner of a prescribed description whenever a licensing authority sees fit to do so, either as a condition of the practitioner’s continuing to hold a licence to practise or of the practitioner’s licence to practise being restored. (5) In this Part— “licensing authority” means— the Registrar; a ...Registration Panel; such other committee of the General Council as may be prescribed; or such other officer of the General Council as may be prescribed; “prescribed” means prescribed by regulations made by the General Council under subsection (2) above; and “revalidation” means evaluation of a medical practitioner’s fitness to practise.

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29B Grant, refusal and withdrawal of licence

(1) Regulations under section 29A above shall subject to subsection (1A), provide for a licence to practise to be granted to a medical practitioner— (a) on first registration under this Act as a medical practitioner with full registration; (b) on being provisionally registered under this Act; and (c) in such other cases or circumstances as may be prescribed. (1A) Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3). (1B) Regulations under section 29A which include provision under subsection (1A) must also include provision requiring the licensing authority, when determining whether a medical practitioner has demonstrated the necessary knowledge of English, to have regard to guidance published under section 29G(2A). (2) Regulations under section 29A above shall provide for the withdrawal of a licence to practise from a medical practitioner— (a) where the practitioner has failed to comply with prescribed requirements of regulations under section 29A above; (b) where the licence to practise was fraudulently procured or otherwise incorrectly granted; (c) where the medical practitioner requests that the licence to practise be withdrawn; and (d) in such other cases or circumstances as may be prescribed. (2D) Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English. (3) Regulations under section 29A above shall make provision as to the procedure to be followed in connection with the grant or refusal, or the withdrawal, of a licence to practise by a licensing authority. (4) If a licensing authority decides— (a) to refuse to grant a licence to practise to a medical practitioner; or (b) to withdraw a licence to practise from a medical practitioner, the Registrar shall give the practitioner notice in accordance with subsection (5) below. (5) The notice required by subsection (4) above is notice of— (a) the decision; (b) the reasons given for the decision by the licensing authority concerned; and (c) the practitioner’s right of appeal under section 29F below. (6) Section 29H below applies in relation to a notice under subsection (4) above.

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29C Dealing with questions as to impairment of fitness to practise

(1) Paragraph (2) applies if— (a) in the course of revalidation, it comes to the attention of a licensing authority that a medical practitioner’s fitness to practise is called into question by one or more of the matters mentioned in section 35C(2) below; but (b) no allegation to that effect has been made to the General Council against the practitioner. (2) The Registrar shall notify the practitioner and section 35C below shall apply as if an allegation that the practitioner’s fitness to practise is impaired had been made to the General Council under that section.

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29D Restoration of licence

(1) The General Council shall make regulations under section 29A above for and in connection with authorising or requiring a licensing authority, in such cases or circumstances as may be prescribed, to restore a licence to practise to a medical practitioner whose licence to practise has been withdrawn. (1A) Regulations by virtue of subsection (1) above may not include provision as to licences to practise that are withdrawn by virtue of section 41C below. (2) Regulations by virtue of subsection (1) above shall make provision as to the procedure to be followed in connection with the restoration, or the refusal of the restoration, of a licence to practise by a licensing authority. (3) If a licensing authority refuses to restore a licence to practise to a medical practitioner, the Registrar shall give the practitioner notice of— (a) the decision; (b) the reasons given for the decision by the licensing authority concerned; and (c) the practitioner’s right of appeal under section 29F below. (4) Section 29H below applies in relation to a notice under subsection (3) above.

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29E Evidence

(1) Regulations under section 29A above may make provision for a licensing authority— (a) to refuse to grant a licence to practise to a medical practitioner; (b) to withdraw a licence to practise from a medical practitioner; or (c) to refuse to restore a licence to practise to a medical practitioner, in any case where the medical practitioner does not provide the licensing authority with such evidence or information as the authority may reasonably request for any of the purposes specified in subsection (2) below. (2) The purposes are those of— (a) determining whether to grant a licence to practise to the practitioner; (b) revalidation of the practitioner; (c) determining whether to withdraw a licence to practise from the practitioner; and (d) determining whether to restore a licence to practise to the practitioner. (2A) Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him. (3) For the purpose of carrying out any function under sections 29A to 29D above in relation to a medical practitioner, a licensing authority may require— (a) any medical practitioner (other than that practitioner); or (b) any other person, who, in the opinion of the authority, is able to supply information, or produce any document, which appears relevant to the discharge of any such function, to supply such information or produce such a document. (4) For the purpose of reviewing procedures relating to— (a) revalidation; or (b) the grant, withdrawal or restoration of a licence to practise, a licensing authority may require any medical practitioner or other person to supply information or produce any document. (5) Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR . (6) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, a licensing authority may, in exercising its functions under subsection (3) or (4) above, require that the information be put into a form which is not capable of identifying that individual. (7) In determining for the purposes of subsection (5) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section. (8) Subsections (3) and (4) do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below). (9) In this section “enactment” includes— (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and (b) any provision of, or any instrument made under, Northern Ireland legislation. ...

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29EA Disclosure by a licensing authority of information relating to revalidation

(1) This section applies where— (a) a medical practitioner participates in a revalidation pilot scheme and the medical practitioner’s revalidation under the scheme ceases before evaluation of the practitioner’s fitness to practise is complete; or (b) a medical practitioner’s revalidation under this Part ceases before any decision is made as to— (i) the practitioner holding, or continuing to hold, a licence to practise; or (ii) the making of any change to the General Practitioner Register or the Specialist Register in respect of the practitioner. (2) If the licensing authority considers it to be in the public interest to do so, the licensing authority may disclose any relevant information about the medical practitioner to— (a) the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland or the Welsh Ministers; and (b) any person of whom the licensing authority is aware— (i) by whom the practitioner is employed to provide services in, or in relation to, any area of medicine, or (ii) with whom the practitioner has an arrangement to provide such services. (3) In this section— “relevant information”, in relation to a medical practitioner, means information arising in the course of or otherwise in connection with such revalidation of the practitioner as is mentioned in subsection (1)(a) or (b); and “revalidation pilot scheme” means any voluntary pilot scheme for the purpose of determining when and how revalidation under this Part will operate (whether in relation to all medical practitioners or medical practitioners of any description).

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29F Appeals

(1) If a licensing authority decides under this Part— (a) to refuse to grant a licence to practise to a medical practitioner; (b) to withdraw a licence to practise from a medical practitioner; or (c) to refuse to restore a licence to practise to a medical practitioner, the practitioner may appeal to a Registration Appeals Panel. (1A) If a licensing authority decides under— (a) section 44C(8) to refuse to grant a licence to practise to a medical practitioner; or (b) section 44C(9)(a) to withdraw a licence to practise from a medical practitioner, the practitioner may appeal to a Registration Appeals Panel. (2) Schedule 3B (which provides for the procedures to be followed before a Registration Appeals Panel) shall apply in relation to any appeal under subsection (1) or (1A) above. (3) A decision under this Part to withdraw a licence to practise from a medical practitioner shall not be carried into effect— (a) until the time for bringing any appeal against the decision has expired without an appeal being brought; or (b) where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

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29G Guidance

(1) The General Council may publish guidance for medical practitioners relating to the information and documents to be provided, and any other requirements to be satisfied— (za) for securing the grant of a licence to practise; (a) for the purposes of revalidation; or (b) for securing restoration of a licence to practise. (1A) The information and documents to be provided, and other requirements to be satisfied, may relate to— (a) standards set by a prescribed person or body; or (b) documents issued by a prescribed person or body. (2) In preparing any guidance under subsection (1)(a) in relation to revalidation, the General Council shall take into account such similarities as there may be between any information or documents to be provided, or any other requirements to be satisfied— (a) for the purposes of revalidation; and (b) for the purposes of any scheme for the appraisal of medical practitioners which applies within any of the UK health services. (2A) The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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29GA Information for specified state professionals

(1) The General Council must make information about the following matters available to specified state professionals— (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; (c) the processes and procedures for the ongoing verification of competence; (d) the criteria for, and procedures relating to, erasure from the register; (e) the documentation required of specified state professionals and the form in which it should be presented; and (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered medical practitioners that are acceptable to the General Council. (2) The General Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registered medical practitioners.

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29H Notices

(1) This section applies to any notice required to be given to a medical practitioner under— (a) section 29B or 29D above; or (b) paragraph 6 or 7 of Schedule 3B to this Act. (2) Any such notice may be so given— (a) by delivering it to him; (b) by leaving it at his proper address; (c) by sending it by a registered post service; or (d) by sending it by a postal service which provides for the delivery of the notice by post to be recorded. (3) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, a medical practitioner’s proper address shall be— (a) his address in the register; or (b) if the conditions in subsection (4) below are satisfied, his last known address. (4) The conditions are that— (a) the practitioner’s last known address differs from his address in the register; and (b) it appears to the body or person giving the notice that a letter sent to the practitioner at his last known address is more likely to reach him. (5) For the purposes of this section— (a) the giving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and (b) so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

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29J Miscellaneous

(1) Regulations under section 29A above may provide for the charging of a fee to a medical practitioner in respect of the cost of— (a) his revalidation; or (b) the consideration of any application made by him for restoration of a licence to practise. (2) Any sum payable by a medical practitioner under subsection (1) above— (a) may be recovered by the General Council; or (b) where regulations by virtue of subsection (2B) below are in force, may instead be recovered by a prescribed person or body in such cases or circumstances, and to such extent, as may be prescribed. (2A) In England and Wales or Northern Ireland, any such sum shall be recoverable summarily as a civil debt. (2B) Regulations under section 29A above may specify requirements to be satisfied by medical practitioners (or medical practitioners of a prescribed description) by reference to standards which are— (a) set by a prescribed person or body (“C”); and (b) endorsed by the General Council. (2C) If regulations under section 29A above make provision by virtue of subsection (2B), they may also— (a) provide for C to carry out revalidation of any medical practitioner to whom the regulations apply; (b) require a medical practitioner or any other person (including another medical practitioner) to provide any evidence, information or document which C may reasonably request for or in connection with revalidation of a medical practitioner; (c) provide for the powers of a licensing authority in section 29E(1)(a) to (e) above to be exercisable in relation to a medical practitioner in connection with any refusal or failure by the practitioner to provide C with such information; (d) make provision equivalent to section 29E(5) to (9) above as to the disclosure of such information to C (with appropriate modifications); (e) provide for C to make reports and recommendations to the licensing authority about a medical practitioner in connection with revalidation by C; and (f) make other provision as to the procedure to be followed for or in connection with revalidation by C. (2D) Nothing in subsection (2C) permits regulations to be made giving C power to make any decision as to— (a) a medical practitioner holding, or continuing to hold, a licence to practise; or (b) the making of any change to the General Practitioner Register or the Specialist Register in respect of a medical practitioner. (2E) Regulations under section 29A may make provision in connection with determining whether a medical practitioner has demonstrated the necessary knowledge of English; and the regulations may in particular— (a) provide for the licensing authority to require a person to undertake an assessment to demonstrate whether the person has the necessary knowledge of English; (b) require a person to provide any evidence, information or document which the licensing authority may reasonably request for the purpose of demonstrating whether the person has the necessary knowledge of English but the regulations may not require, or enable the licensing authority to request, evidence or information demonstrating that the practitioner’s knowledge of English exceeds the necessary knowledge of English; (c) provide for the powers of the licensing authority in section 29E(1)(a) and (b) to be exercisable in relation to a person in connection with any refusal or failure by the person to provide the licensing authority with such information; (d) make provision equivalent to section 29E(5) to (9) as to the disclosure of such information to the licensing authority (with appropriate modifications). (3) Regulations under section 29A above may make different provision for different purposes, cases or circumstances or different areas. (4) Regulations under section 29A above shall not have effect until approved by order of the Privy Council. (5) Before making regulations under section 29A above, the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the Council requisite to be consulted.

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30 The registers.

(A1) In this Part, “the registers” means— (a) the register; (b) the General Practitioner Register; and (c) the Specialist Register. (1) The register of medical practitioners shall include— (a) in the principal list the names of persons entitled to be registered under section 3, 14A, 15, 15A or 19A above, or directed to be registered under section 19, 21, 21B or 21C above; (aa) in the emergency powers doctors list, the names of persons from time to time registered under section 18A; and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in the visiting overseas doctors list the names of persons from time to time directed to be registered under section 27A or 27B above; ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The register shall also include, in respect of each of the persons entered in it, a statement of the following— (a) the person’s address; (b) the person’s date of registration; (c) whether the person holds a licence to practise or not; (d) any qualifications which the person is entitled to have registered under section 16 or 26 above; and (e) any other particulars prescribed in the case of a person entered in the register. (4) It shall be the duty of the Registrar to keep the register, the General Practitioner Register and the Specialist Register correct in accordance with the provisions of this Act and regulations made by the General Council, to erase the names of persons who have died, or who have been provisionally registered for longer than the period prescribed in respect of them, and from time to time to make the necessary alterations in the addresses, qualifications and other registered particulars of registered persons. (5) The Registrar may, by letter addressed to any person registered in the register at his address on the register, inquire whether he has changed his address and, if no answer is received to the inquiry within six months from the posting of the letter, may erase from the register the entry relating to that person. (6) On registering the death of a person registered in the register, a registrar of births and deaths shall, without charge to the Registrar, send forthwith by post to the Registrar a copy certified under his hand of the entry in the register of deaths relating to the death. (7) In this section “prescribed” means prescribed by regulations made under section 31 below.

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30A The register: emergency powers doctors list

(1) Notwithstanding any other provision of this Act, the Registrar is not under an obligation to make any entry in the register in respect of any person registered by virtue of section 18A(1)(b) until the Registrar has been able to ascertain the person’s name and address. (2) The Registrar may make available information identifying any group of persons registered by virtue of section 18A(1)(b) in such manner as the Registrar sees fit.

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31 Power to make regulations with respect to the registers.

(1) Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of ... the registers and the making of entries, alterations and corrections ... in them. (2) Regulations under this section may provide for ... the registers to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if ... the registers are not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 or 15A above and those provisionally registered under section 21 or 21C above. (4A) Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for— (a) different maximum periods for which different classes of persons may be provisionally registered; and (b) the maximum period not to apply to specified classes of persons. (4B) Regulations under this section shall provide for the marking of the General Practitioner Register so as to distinguish between different categories of persons who are eligible to be registered in that register by virtue of section 34C(2)(b). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Regulations under this section may make provision with respect to the restoration to ... the registers of the name of any person whose name has been erased from ... them by virtue of section 30(5) above or of any regulations made in pursuance of ... section 32(2) below. (9) Regulations under this section made by virtue of subsection (8) above may include provision— (a) for authorising the Registrar, notwithstanding anything in this Act, to refuse to restore to ... the registers ... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and fitness to practise as may be prescribed; and (b) for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless— (i) the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit, (ii) the practitioner’s licence to practise is restored in accordance with the regulations, or (iii) both (i) and (ii) are met; and (c) where such a person is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the Registrar or the General Council or a committee of the Council to take into account— (i) whether the assessment was carried out, (ii) whether any requirements imposed in respect of the assessment were complied with, and (iii) if the assessment was carried out, the results of the assessment. ... (10) Regulations made in pursuance of subsection (4A), (4B), (8) or (9) above shall not have effect until approved by order of the Privy Council. (11) In this section “prescribed” means prescribed by regulations under this section.

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31A Voluntary removal from ... any of the registers.

(1) The General Council may make regulations— (a) providing for the erasure by the Registrar from ... any of the registers of the name of any person who applies, in the manner prescribed by the regulations, for his name to be erased from ... any of the registers; (b) providing for the refusal by the Registrar of applications under paragraph (a) above in such cases and circumstances as may be prescribed by the regulations; (c) making provision (including provision requiring the approval of the General Council or of one of the statutory committees) for the restoration to ... any of the registers of the name of any person whose name has been erased in accordance with regulations made in pursuance of paragraph (a) above. (1A) Regulations under subsection (1)(c) above shall provide that, in such circumstances as may be prescribed, a person’s name is not to be restored to ... any of the registers unless— (a) the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit; (b) the practitioner’s licence to practise is restored in accordance with the regulations; or (c) both (a) and (b) are met. (1B) In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above. (1C) Regulations under subsection (1)(c) above may include provision, where the person concerned is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the General Council or a committee of the Council to take into account— (a) whether the assessment was carried out, (b) whether any requirements imposed in respect of the assessment were complied with, and (c) if the assessment was carried out, the results of the assessment. (2) Regulations under this section shall not have effect until approved by order of the Privy Council.

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32 Registration fees.

(1) Subject to the provisions of this Act, the General Council may make regulations with respect to the charging of fees in connection with the making of entries in the register of medical practitioners, and in particular— (a) prescribing a fee to be charged on the entry of a name or qualification in the register or on the restoration of any entry to the register; (b) prescribing a fee to be charged in respect of the retention in the register of the name of a person ... ; (c) authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register ... until a fee prescribed by regulations under this section has been paid. (1A) Any fee prescribed by the General Council under subsection (1) in connection with the making of an entry in the register relating to a specified state professional must be— (a) reasonable and proportionate to the cost of dealing with such a person’s application; (b) transparent and made public in advance; and (c) payable by electronic means through the General Council’s website. (2) Regulations under this section may authorise the Registrar to erase from the register of medical practitioners the name of— (a) any person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed in pursuance of subsection (1)(b) above; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) If a person whose name has been erased from the register in accordance with regulations made in pursuance of subsection (2) above at any time pays— (a) such sum (if any) as may be prescribed for the purposes of this subsection by regulations under this section; and (b) the fee (if any) which, if his name had not been so erased, would be due from him in respect of the current year, his name shall be restored to the register. (4) Regulations under this section shall not provide for any fee to be chargeable in respect of anything done in pursuance of a direction under section 41 below. (5) No fee shall be charged in relation to registration in the emergency powers doctors list ... and accordingly this section shall not apply in relation thereto. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) For the avoidance of doubt it is hereby declared that in this section “entry” includes an entry by way of alteration of a previous entry.

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33 Supplementary provisions about registration.

Schedule 3 to this Act (which contains supplementary provisions about registration) shall have effect.

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34 Publication of the registers

(1) The Registrar shall cause to be published from time to time (electronically or otherwise) a list of all persons who, on a date specified by him at the time of publication, appear in each of the registers. (2) The list published in accordance with subsection (1) above shall include in respect of each practitioner— (a) information about his registered qualifications; (b) a statement about whether or not he holds a licence to practise; ... (ba) in relation to the list of persons on the Specialist Register— (i) the specialty in respect of which a person's name is included in that register; and (ii) the name, or a description of, any field within that specialty which is indicated in respect of that person in that register; and (c) such other particulars (if any) as the General Council may direct in relation to that list.

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34A Proof of registration

(1) The Registrar may issue a certificate that a person— (a) is registered in any of the registers; (b) is not registered in any of the registers; (c) was registered in any of the registers at a specified date or during a specified period; (d) was not registered in any of the registers at a specified date or during a specified period; (e) has never been registered in any of the registers; (f) holds a licence to practise; (g) does not hold a licence to practise; (h) held a licence to practise at a specified date or during a specified period; (i) did not hold a licence to practise at a specified date or during a specified period; or (j) has never held a licence to practise. (1A) In relation to a person who is registered in the Specialist Register, the Registrar may issue a certificate that that person is, or is not, registered on that register with a particular specialty and in a particular field within that specialty. (2) A certificate issued under subsection (1) or (1A) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.

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34B Registration and training appeals

(1) Schedule 3A to this Act (which makes provision about appeals against registration and training decisions) shall have effect. (2) The General Council may by regulations make provision with respect to the charging of fees in connection with appeals under Schedule 3A. (3) Regulations under subsection (2) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

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34C The General Practitioner Register

(1) The General Council shall keep a register of general practitioners (known as “the General Practitioner Register”). (2) The General Practitioner Register shall, subject to subsection (3), contain the names of— (a) registered medical practitioners who hold a CCT in general practice; (b) registered medical practitioners who have an acquired right to practise as a general practitioner in the United Kingdom pursuant to section 34G(1); and (c) registered medical practitioners falling within such other categories as the Privy Council may by order specify. (3) A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the General Practitioner Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O.

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34D The Specialist Register

(1) The General Council shall keep a register of specialist medical practitioners (known as “the Specialist Register”). (2) The Specialist Register shall, subject to subsections (4) and (5), contain the names of— (a) registered medical practitioners who hold a CCT in a recognised specialty; (b) registered medical practitioners who are eligible to be admitted to that register in accordance with the scheme mentioned in subsection (6); and (c) registered medical practitioners falling within such other categories as the Privy Council may by order specify. (3) The Privy Council may by order designate specialties as recognised specialties. (4) A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the Specialist Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The scheme referred to in subsection (2)(b) is a scheme published by the General Council for the inclusion in the Specialist Register of persons who, immediately before 1st January 1997, were either NHS consultants or consultants in a medical specialty in the armed forces. (7) That scheme shall make provision— (a) as to the criteria to be considered in determining whether to include a person's name in the Specialist Register; and (b) excluding any person whose name has been removed from the Specialist Register under regulations made by virtue of subsection (2A) of section 29B (grant, refusal and withdrawal of licences to practise). (8) In subsection (6), “armed forces” means the naval, military or air forces of the Crown and includes the reserve forces within the meaning of section 1(2) of the Reserve Forces Act 1996. (9) The Specialist Register shall indicate— (a) the specialty in respect of which a person's name is included in that register; and (b) the name, or a description of, any field within that specialty which a person has requested, subject to subsection (10), to be indicated in that register. (10) In order to have the relevant field indicated on the Specialist Register in accordance with subsection (9)(b), the Registrar must be satisfied that a person has completed satisfactorily— (a) sub-specialty training in the United Kingdom which is approved by the General Council; or (b) sub-specialty training outside the United Kingdom that the Registrar is satisfied is equivalent to sub-specialty training approved by the General Council.

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34E Applications for inclusion in the General Practitioner Register or the Specialist Register

(1) The General Council shall make regulations as to the procedure to be followed by, or in relation to, persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register. (2) The regulations may in particular make provision as to— (a) the evidence required in support of applications; (b) the time limits to be complied with in respect of applications; and (c) the notification of decisions in respect of applications. (3) The regulations may require the Registrar to inform persons who do not hold a CCT, and in respect of whom the Registrar is not satisfied as to their eligibility for inclusion in the General Practitioner Register or the Specialist Register, of the reasons why the Registrar is not so satisfied. (4) The regulations may require the Registrar to inform the persons referred to in subsection (3) of— (a) additional training that must be undertaken and the fields that the training must cover; and (b) any examination, assessment (including a specified period of assessment), adaptation period or other test of competence that that person must complete to the Registrar's satisfaction, in order to satisfy the Registrar of their eligibility for inclusion in those Registers. (5) In subsection (4)(b), “adaptation period” means an adaptation period pursuant to Part 3 of the General Systems Regulations. (6) Regulations under this section shall not have effect until approved by order of the Privy Council.

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34F Removal of names from the General Practitioner Register and the Specialist Register

(1) The Registrar must remove a person's name from the General Practitioner Register or the Specialist Register where it comes to the Registrar's notice that they are no longer a registered medical practitioner. (2) The Registrar may remove a person's name from the General Practitioner Register or the Specialist Register where they cease, in cases specified by the Privy Council by order, to fall within any of the categories specified by the Privy Council by order under section 34C(2)(c) or, as the case may be, section 34D(2)(c). (3) Subject to subsection (4), where a person removed from the General Practitioner Register or the Specialist Register under subsection (1) becomes once again a registered medical practitioner, the Registrar shall, if requested by that person, once again include that person's name in the General Practitioner Register or, as the case may be, the Specialist Register. (4) No request to include a person's name again in the General Practitioner Register is required under subsection (3) where a person removed from that Register under subsection (1), becomes once again a registered medical practitioner by virtue of section 18A. (5) The Registrar shall send a notice to the person concerned when removing that person's name pursuant to subsection (1) or (2), as the case may be, once again including that person's name pursuant to subsection (3). (6) Paragraph 6 of Schedule 3A applies to notices required to be sent under subsection (5) as it applies to notices under that paragraph.

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34G Acquired rights of general practitioners

(1) For the purposes of this section , a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within one of the categories of persons specified by the Privy Council by order. (2) Where, pursuant to a request in writing, the Registrar is satisfied that a person has an acquired right to practise as a general practitioner in the United Kingdom, the Registrar shall issue a certificate for the purposes of enabling that certificate to be recognised in relevant European States. (3) The General Council may make rules as to the procedure to be followed in relation to, and the evidence required in support of, a request made under subsection (2). (4) A certificate issued under subsection (2) shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

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34H Postgraduate medical education and training: general functions

(1) The General Council shall— (a) establish standards of, and requirements relating to, postgraduate medical education and training, including those necessary for the award of a CCT in general practice and in each recognised specialty; (b) secure the maintenance of the standards and requirements established under paragraph (a); and (c) develop and promote postgraduate medical education and training in the United Kingdom. (2) In exercising their functions under this Part, the main objectives of the General Council, in addition to the over-arching objective, are— (a) to ensure that the needs of persons undertaking postgraduate medical education and training in each of England, Wales, Scotland and Northern Ireland are met by the standards the General Council establish under subsection (1)(a) and to have proper regard to the differing considerations applying to different groups of such persons; and (b) to ensure that the needs of employers and those engaging the services of general practitioners and specialists within the UK health services are met by the standards the General Council establish under subsection (1)(a). (3) The standards and requirements established under subsection (1)(a) shall be set out in determinations of the General Council. (4) The standards and requirements established under subsection (1)(a) shall include— (a) the standards required for entry to training; (b) the training curricula to be followed in general practice and in each recognised speciality; (c) the assessment arrangements for persons undertaking education and training in general practice and specialist medical practice; (d) the assessment arrangements for persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register who do not hold a CCT; (e) the outcomes to be achieved by education and training in general practice or specialist medical practice, including the levels of skill, knowledge and expertise to be achieved; (f) the examinations, assessments and other tests of competence to be completed, whether during or upon completion of a course of education and training in general practice or specialist medical practice; and (g) any other matters relating to postgraduate medical education and training for general medical practice and specialist practice as the General Council considers appropriate.

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34I Postgraduate medical education and training: approvals

(1) In order to secure the maintenance of the standards and requirements established under section 34H(1)(a), the General Council may approve— (a) courses or programmes of postgraduate medical education and training (or part of such a course or programme) which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a); (b) training posts which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a); (c) general practitioners whom the General Council consider to be properly organised and equipped for providing training for GP Registrars; (d) examinations, assessments or other tests of competence. (2) In connection with subsection (1), the General Council may approve postgraduate medical education and training taking place outside the United Kingdom. (3) In exercising their functions under subsection (1) or (2), the General Council may attach conditions to any approval they give or have given including, if the General Council consider appropriate, a condition limiting the period of time for which that approval is valid. (4) The General Council may at any time withdraw approval where they are satisfied that— (a) any conditions imposed under subsection (3); or (b) any standards or requirements established under section 34H(1)(a), are not being met. (5) If the General Council have formed the provisional opinion that an approval be— (a) refused; (b) given subject to conditions under subsection (3); or (c) withdrawn under subsection (4), they shall notify that opinion in writing to the person who has applied for the approval or, as the case may be, to whom the approval was given. (6) Where the General Council have formed a provisional opinion under subsection (5), they shall allow— (a) the person who they have notified; and (b) any other person who they are satisfied has a substantial interest in the matter, a reasonable opportunity to make representations to them before making the determination. (7) The Registrar shall cause to be published from time to time (electronically or otherwise) a list specifying— (a) any course or programme (or part of a course or programme), training post, general practitioner or examination, assessment or other test of competence that the General Council have approved pursuant to subsection (1) or (2); (b) the date on which that approval was given; (c) any conditions to which that approval is subject pursuant to subsection (3); and (d) where relevant, the date on which that approval was withdrawn.

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34J Minimum requirements for general practice training

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34K Minimum requirements for specialist training

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34L Award and withdrawal of a Certificate of Completion of Training

(1) Subject to subsection (3), the Registrar shall award a certificate of completion of training (CCT) to any person who applies to the General Council for that purpose if— (a) that person is a registered medical practitioner; (b) the Registrar is satisfied that that person has been appointed to, and has satisfactorily completed, a course of training leading to the award of a CCT; and (b) that course of training has been approved by the General Council under section 34I(1)(a). (2) The Registrar may only award a CCT in general practice or in a recognised specialty. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A CCT shall state— (a) the date on which it is awarded; (b) that it is awarded in general practice, or, where applicable, the recognised specialty in which it is awarded; (c) the name of its holder; (d) the holder's primary medical qualifications and where those qualifications were awarded; and (e) the holder's General Council reference number. (5) The General Council shall make rules as to the procedure to be followed in relation to, and the evidence required in support of, applications for a CCT. (6) A CCT shall be signed by the Registrar or by another person who has been nominated by the Registrar for this purpose. (7) A CCT shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

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34M Visitors

(1) The General Council may, if they think fit, appoint persons to visit any body or other person by whom, or under whose direction or management, any postgraduate medical education or training is, or is proposed to be, given. (2) The persons appointed under subsection (1) in relation to any visit must include at least one person who— (a) is not, and never has been, registered with full or limited registration under any provision of this Act; and (b) does not hold qualifications which would entitle an application to be made by that person for provisional or full registration under this Act. (3) Persons who visit any body or person pursuant to subsection (1) shall prepare a report to the General Council on the visit. (4) The General Council shall, following a request by any person, make available such reports.

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34N Power to require information

(1) This section applies to any body or other person that may be visited by persons appointed pursuant to section 34M(1). (2) A body to which or person to whom this section applies shall give to the Registrar, within such period as the Registrar may reasonably require, any information that the Registrar may reasonably require for the purpose of the Registrar's or the General Council's functions under this Part. (3) The matters with respect to which the Registrar may require information under subsection (2) include— (a) the standards and requirements which must be met by persons pursuing postgraduate medical education and training; (b) the procedures for managing that education or training. (4) Where a body or person specified in subsection (1) fails to comply with a request under this section, the Registrar shall refer the matter to the General Council with a view to their forming a provisional opinion pursuant to section 34I(5).

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34O Fees

(1) The General Council may make regulations with respect to the charging of fees in connection with— (a) requests to the Registrar for written statements that a person is eligible for inclusion in the General Practitioner Register or the Specialist Register; (b) applications for inclusion in the General Practitioner Register under section 34C(3); (c) applications for inclusion in the Specialist Register under section 34D(4); (d) requests for certificates under section 34G(2); (e) applications for approvals under section 34I(1); (f) applications for CCTs under section 34L(1); and (g) visits made under section 34M. (2) Regulations under subsection (1)(b) and (c) may make provision with respect to the charging of fees for the entry of qualifications in the General Practitioner Register or the Specialist Register or on the restoration of entries to those registers. (3) Regulations under subsection (1) may provide that a request or application in respect of which a fee is payable is not valid unless the fee is paid. (4) Regulations under subsection (1) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

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35 General Council’s power to advise on conduct, performance or ethics

The powers of the General Council shall include the power to provide, in such manner as the Council think fit, advice for members of the medical profession on— (a) standards of professional conduct; (b) standards of professional performance; or (c) medical ethics.

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35A General Council’s power to require disclosure of information

(1) For the purpose of assisting the General Council or any of their committees or the Registrar in carrying out functions in respect of a practitioner’s fitness to practise, or for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of section 18A(1)(b),, a person authorised by the Council may require— (a) a practitioner (except the practitioner in respect of whom the information or document is sought); or (b) any other person, who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document. (1A) The Registrar may by notice in writing require a practitioner, within such period as is specified in the notice, to supply such information or produce such documents as the Registrar considers necessary— (a) for the purpose of assisting the General Council or any of their committees or the Registrar in carrying out functions in respect of the practitioner’s fitness to practise; (b) for the purpose of assisting the Registrar in carrying out functions in respect of identifying whether the practitioner is a person registered by virtue of section 18A(1)(b). (2) As soon as is reasonably practicable after the relevant date, the General Council shall require, from a practitioner whose fitness to practise is being investigated, details of any person— (a) by whom the practitioner is employed to provide services in, or in relation to, any area of medicine; or (b) with whom he has an arrangement to do so. (3) For the purposes of this section and section 35B below the relevant date is the date specified by the General Council by rules under paragraph 1 of Schedule 4 of this Act. (4) Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR. (5) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in subsection (1) or (1A) above may, in exercising his functions under that subsection, require that the information be put into a form which is not capable of identifying that individual. (5A) In determining for the purposes of subsection (4) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section. (6) Subsections (1) and (1A) above do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below). (6A) If a person fails to supply any information or produce any document within 14 days of his being required to do so under subsection (1) above, the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced. (6B) For the purposes of subsection (6A), “the relevant court” means the county court or, in Scotland, the sheriff in whose sheriffdom is situated the address— (a) which is shown in the register as the address of the person concerned; or (b) which would have been so shown if the person concerned were registered. (6C) If a person fails to comply with a requirement imposed under subsection (1A), the Registrar may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal. (6D) Where a matter is referred to the MPTS under subsection (6C), the MPTS must arrange for it to be considered by a Medical Practitioners Tribunal. (6E) Sub-paragraphs (3D) to (5A) of paragraph 5A of Schedule 4 apply to a matter being considered by a Medical Practitioners Tribunal under subsection (6D) as if it were a matter being considered by the Tribunal under sub-paragraph (3B) of that paragraph; and a reference in this Act to any of sub-paragraphs (3D) to (5A) of that paragraph is to be read as including a reference to that sub-paragraph as so applied. (7) For the purposes of subsection (4), “enactment” includes— (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and (b) any provision of, or any instrument made under, Northern Ireland legislation. ... (8) For the purposes of this section and section 35B below, a “practitioner” means a fully registered person or a provisionally registered person.

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35B Notification and disclosure by the General Council

(1) As soon as is reasonably practicable after the relevant date, the General Council shall notify the following of an investigation by the General Council of a practitioner’s fitness to practise— (a) the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and (b) any person in the United Kingdom of whom the General Council are aware— (i) by whom the practitioner concerned is employed to provide services in, or in relation to, any area of medicine, or (ii) with whom he has an arrangement to do so. (2) The General Council may, if they consider it to be in the public interest to do so, publish, or disclose to any person, information— (a) which relates to a particular practitioner’s fitness to practise, whether the matter to which the information relates arose before or after his registration, or arose in the United Kingdom or elsewhere; or (b) of a particular description related to fitness to practise in relation to every practitioner, or to every practitioner of a particular description. (3) For the purposes of subsection (2)(b) above, the General Council need not consider whether it is in the public interest to publish or disclose the information in question in relation to each individual practitioner to whom it relates. (4) Subject to subsection (5), the General Council shall publish in such manner as they see fit— (a) decisions of a Medical Practitioners Tribunal that relate to a finding that a person’s fitness to practise is impaired (including decisions in respect of a direction relating to such a finding that follow a review of an earlier direction relating to such a finding); (b) decisions of a Medical Practitioners Tribunal to make an order under section 38(1) or (2) below; (c) decisions of a Medical Practitioners Tribunal to refuse an application for restoration to the register or to give a direction under section 41(9) below; (d) decisions of an Interim Orders Tribunal or a Medical Practitioners Tribunal to make an order under section 41A below (including decisions in respect of orders varying earlier orders under that section); (da) decisions of a Medical Practitioners Tribunal to make a direction under paragraph 5A(3D) or 5C(4) of Schedule 4 and decisions of a Medical Practitioners Tribunal under section 35D that relate to such a direction; (e) warnings of a Medical Practitioners Tribunal regarding a person’s future conduct or performance; (f) warnings of the Investigation Committee regarding a person’s future conduct or performance; and (g) undertakings that have been agreed in accordance with rules made under paragraph 1(2A) or (2C) of Schedule 4. (5) The General Council may withhold from publication under subsection (4) above information concerning the physical or mental health of a person which the General Council consider to be confidential.

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35C Functions of the Investigation Committee

(1) This section applies where an allegation is made to the General Council against— (a) a fully registered person; or (b) a person who is provisionally registered, that his fitness to practise is impaired. (2) A person’s fitness to practise shall be regarded as “impaired” for the purposes of this Act by reason only of— (a) misconduct; (b) deficient professional performance; (c) a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence; (d) adverse physical or mental health; or (da) not having the necessary knowledge of English (but see section 2(4)); (e) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect. (3) This section is not prevented from applying because— (a) the allegation is based on a matter that is alleged to have occurred— (i) outside the United Kingdom, or (ii) at a time when the person was not registered; or (b) in relation to a person who is a participant in a revalidation pilot scheme, the allegation is based on information obtained in the course of or otherwise in connection with the person’s revalidation under that scheme. (4) The Investigation Committee shall investigate the allegation and decide whether it should be considered by a Medical Practitioners Tribunal. (5) If the Investigation Committee decide that the allegation ought to be considered by a Medical Practitioners Tribunal— (a) they shall give a direction to that effect to the Registrar; (b) the Registrar shall refer the allegation to the MPTS for them to arrange for the allegation to be considered by a Medical Practitioners Tribunal; and (c) the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any). (6) If the Investigation Committee decide that the allegation ought not to be considered by a Medical Practitioners Tribunal, they may give a warning to the person who is the subject of the allegation regarding his future conduct or performance. (6A) In deciding whether to give a warning under subsection (6), the Investigation Committee must have regard to the over-arching objective. (7) If the Investigation Committee decide that the allegation ought not to be considered by a Medical Practitioners Tribunal, but that no warning should be given under subsection (6) above— (a) they shall give a direction to that effect to the Registrar; and (b) the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any). (8) If the Investigation Committee are of the opinion that an Interim Orders Tribunal or a Medical Practitioners Tribunal should consider making an order for interim suspension or interim conditional registration under section 41A below in relation to the person who is the subject of the allegation— (a) they shall give a direction to that effect to the Registrar; (b) the Registrar shall refer the matter to the MPTS for them to arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal... to decide whether to make such an order; and (c) the Registrar shall serve notification of the decision on the person who is the subject of the allegation and the person making the allegation (if any). (9) In this section— “enactment” includes— an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and any provision of, or any instrument made under, Northern Ireland legislation;... “regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession; and “revalidation pilot scheme” has the meaning given by section 29EA(3) above.

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35CC Provisions supplementary to section 35C

(1) Rules under paragraph 1 of Schedule 4 to this Act may make provision for— (a) the Registrar; or (b) any other officer of the General Council, to exercise the functions of the Investigation Committee under section 35C above, whether generally or in relation to such classes of case as may be specified in the rules. (1A) The reference in subsection (1) to an officer of the General Council does not include a reference to the chair of the MPTS or any other officer of the Council to whom functions of the MPTS have been delegated by virtue of paragraph 19F(7) of Schedule 1. (2) Where, by virtue of subsection (1) above, rules provide for the Registrar to exercise the functions of the Investigation Committee under subsections (5), (7) and (8) of section 35C above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted. (3) Section 35C above also applies in a case where, in circumstances other than those specified in section 29C(1)(a) and (b)— (a) it comes to the attention of the General Council that a person’s fitness to practise is called into question by one or more of the matters mentioned in subsection (2) of that section, but (b) no allegation to that effect has been made to the Council against that person, and in such a case section 35C shall apply as if an allegation to that effect had been made to the Council against that person. (4) Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if the Investigation Committee consider the allegation to be vexatious. (5) Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if— (a) at the time when the allegation is made, more than five years have elapsed since the most recent events giving rise to the allegation, and (b) the Investigation Committee consider that it would not be in the public interest to investigate the allegation. (6) Rules including provision by virtue of subsection (4) or (5) must provide that, where section 35C(4) to (8) does not apply in relation to an allegation, the Investigation Committee must serve notification of the decision on the person making the allegation (if any). (7) Rules under paragraph 1 of Schedule 4 may make provision as to circumstances in which the Investigation Committee may review a decision made by them of a description specified in the rules that relates to a person’s fitness to practise. (8) Where the rules include provision by virtue of any of subsections (4) to (7), the reference in subsection (1) to the functions of the Investigation Committee under section 35C is to be read as including a reference to the functions conferred by such provision.

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